Aspecial court under the Narcotic Drugs and Psychotropic Substances Act has ruled that the charge of financing illicit trafficking or trading of drugs does not apply against Showik Chakraborty, brother of actor Rhea Chakraborty, who was lodged in jail for about three months.
While granting bail to Showik the court looked at the Bombay High Court order in which it had granted bail to Rhea Chakraborty but rejected her brother’s bail plea saying he had been in direct touch with some of the drug peddlers.
Narcotics Control Bureau (NCB) had invoked Section 27A of NDPS Act against Showik and Rhea Chakraborty, which deals with ‘financing illicit traffic and harbouring offenders’ and attracts a punishment 10-20 years of rigorous imprisonment.
However, the special court judge GB Gurao in his order stated that “ingredient of section 27A of NDPS Act are absent in the case”. The judge noted the fact that Section 27A was invoked against Rhea Chakraborty as well and the high court ruled that ingredients for invoking the provision do not exist in her case.
The court in its order noted, “It is alleged that applicant has procured Ganja for Sushant Singh Rajput. Admittedly, applicant is arrested only on the basis of statement of co-accused and his statement.”
Further, the court said, “Section 27A of the NDPS Act is in respect of financing of illicit trafficking of drug. It is also not the case of the prosecution is that accused financed to illicit trafficking of drug and those drugs were supplied to various persons.”
The court also noted the recent Supreme Court judgment which had stripped NCB of the special power they held. The confessions made before them do not hold any legal value and “are thus inadmissible” in court of law and the accused cannot be convicted on the basis of confessional statement,” noted the court.
In case of Showik, it were these very statements of the co-accused which were used as evidence against him by NCB. The court also noted, “The recovery of contraband from co-accused Anuj Keshwani has no concerned with the applicant.”